Section Sch4 — Care of Children Act 2004: Other amendments

Schedule 4 Other amendments s 151 Administration Act 1969 (1969 No 52) Omit from section 65(2)(e) the words “ has the custody and control of ” and substitute the words “ has and is exercising the role of providing day-to-day care for ” . Adoption Act 1955 (1955 No 93) Omit from section 4(5) the words “ custody, maintenance, and ” and substitute the words “ role of providing day-to-day care for the child, and with respect to the maintenance and ” . Omit from section 6(4)(b) the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Insert in section 7(3)(a) and (c) , in each case before the words “ the surviving guardians ” , the words “ (if the guardianship concerned has not been terminated, for example, by the child turning 18 years of age) ” . Insert in section 7(3)(b) , after the word “ dead ” , the words “ , and the guardianship concerned has not been terminated, for example, by the child turning 18 years of age ” . Omit from section 11(a) the words “ custody of ” and substitute the words “ role of providing day-to-day care for ” . Repeal section 15(2)(a) and substitute: “ (a) the person or persons in whose favour the order is made have the role of providing day-to-day care for the child; and must comply with all terms (if any) specified in the order in respect of the role of providing day-to-day care for the child: ” . Omit from section 17(2)(b) the words “ the custody of ” and substitute the words “ the role of providing day-to-day care for ” . Omit from section 20(6)(b) the words “ custody of ” and substitute the words “ the exercise of the role of providing day-to-day care for ” . Births, Deaths, and Marriages Registration Act 1995 (1995 No 16) Insert in the heading to section 15 , after the words “ in civil union ” the words “ or de facto relationship ” . Insert in section 15(1) , after the words “ civil union ” , the words “ or de facto relationship ” . Insert after section 15(1) : “ (1A) Section 17(3A) of the Care of Children Act 2004 applies when determining for the purposes of this section whether a child's mother and father were in a de facto relationship at the relevant time. ” Omit from section 15(3)(b)(vi) the words “ section 6(3) or section 6A of the Guardianship Act 1968 ” and substitute the words “ section 19 or section 20 of the Care of Children Act 2004 ” . Omit from the heading to section 22 the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Omit from section 22 the words “ section 13(1) or section 14(1) of the Guardianship Act 1968 ” and substitute the words “ section 44(3) or section 46(1) of the Care of Children Act 2004 ” . The item relating to the Births, Deaths, and Marriages Registration Act 1995 was substituted, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5). Civil Union Act 2004 (2004 No 102) Omit from the definition of guardian in section 3 the words “ section 3 of the Guardianship Act 1968 ” and substitute the words “ section 15 of the Care of Children Act 2004 ” . The item relating to the Civil Union Act 2004 was inserted, as from 26 April 2005, by section 46 Civil Union Act 2004 (2004 No 102). Children, Young Persons, and Their Families Act 1989 (1989 No 24) Omit from the definition of guardianship in section 2(1) the words “ section 3 of the Guardianship Act 1968 ” and substitute the words “ section 15 of the Care of Children Act 2004 ” . Omit from section 22(1)(g) the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Repeal section 46(a)(ii) and substitute: “ (ii) subject to any order in force under the Care of Children Act 2004 and relating to who has the role of providing day-to-day care for the child or young person, directing that the role of providing day-to-day care for the child or young person be exercised by any person the Court thinks fit: ” . Repeal section 104(1)(a) and substitute: “ (a) that person has the role of providing day-to-day care for the child or young person as if a parenting order had been made under section 48(1) of the Care of Children Act 2004 giving that person the role of providing day-to-day care for the child or young person; and ” . Repeal section 104(1)(c) and substitute: “ (c) for the purposes of section 92 of the Care of Children Act 2004,— “ (i) the order constitutes an order about the role of providing day-to-day care for the child or young person; and “ (ii) the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day-to-day care for the child or young person. ” Omit from section 114(1)(a) the words “ pursuant to section 8 of the Guardianship Act 1968 ” and substitute the words “ under section 27 of the Care of Children Act 2004 ” . Omit from section 114(1)(b) the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Repeal section 114(2)(b) and substitute: “ (b) for the purposes of section 92 of the Care of Children Act 2004,— “ (i) the order constitutes an order about the role of providing day-to-day care for the child or young person; and “ (ii) the person in whose custody the child or young person is placed is a person who, under the order, has the role of providing day-to-day care for the child or young person; and ” . Omit from section 117(2) the words “ section 10B of the Guardianship Act 1968 ” and substitute the words “ section 31 of the Care of Children Act 2004 ” . Omit from the heading immediately before section 120 the expression “ Guardianship Act 1968, ” and substitute the expression “ Care of Children Act 2004 ” . Omit from the heading to section 120 the words “ , custody, and access orders under Guardianship Act 1968 ” , and substitute the words “ and parenting orders under Care of Children Act 2004 ” . Repeal section 120(1) and substitute: “ (1) If a child or young person is subject to an order made under section 78 or section 101 or section 110 of this Act, none of the following may be made under the Care of Children Act 2004: “ (a) an order in respect of the guardianship of that child or young person; and “ (b) an order about the role of providing day-to-day care for that child or young person; and “ (c) an order for contact with that child or young person. “ (1A) Subsection (1) is subject to subsection (2) and section 117(2). ” Omit from section 120(2) the words “ section 10B of the Guardianship Act 1968 ” and substitute the words “ section 31 of the Care of Children Act 2004 ” . Omit from section 149 the words “ section 25(3) of the Guardianship Act 1968 ” and substitute the words “ section 36(3) of the Care of Children Act 2004 ” . Omit from section 158 the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Repeal section 207F(2)(c) and substitute: “ (c) each person who,— “ (i) under this Act, has custody of, or is given access to, or has the care of, the child or young person; or “ (ii) under the Care of Children Act 2004 or under an order under that Act, has the role of providing day-to-day care for, or may have contact with, that child or young person. ” Repeal section 251(1)(h)(ii) and substitute: “ (ii) the chief executive has the role of providing day-to-day care for the child or young person under the Care of Children Act 2004, or is entitled to custody of the child or young person under an order or agreement made under Part 2 of this Act; or ” . Repeal section 251(1)(i) and substitute: “ (i) a representative of an Iwi Social Service, of a Cultural Social Service, or of the Director of a Child and Family Support Service, if that Service or that Director— “ (i) is a guardian of the child or young person; or “ (ii) has the role of providing day-to-day care for the child or young person under the Care of Children Act 2004, or is entitled to custody of the child or young person under an order or agreement made under Part 2 of this Act. ” Omit from section 251(1)(k) the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Repeal section 312(1)(a) and substitute: “ (a) the chief executive has the role of providing day-to-day care for the child or young person as if a parenting order had been made with respect to the child or young person under section 48(1) of the Care of Children Act 2004; and ” . Repeal section 312(1)(c) and substitute: “ (c) for the purposes of section 91 of the Care of Children Act 2004,— “ (i) the order constitutes an order about the role of providing day-to-day care for the child or young person; and “ (ii) the chief executive is a person who, under the order, has the role of providing day-to-day care for the child or young person. ” Defence Act 1990 (1990 No 28) Omit from section 36(1) the words “ section 14 of the Guardianship Act 1968 ” , and substitute the words “ section 46 of the Care of Children Act 2004 ” . Omit from section 36(2)(c) the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Omit from section 36(4) the words “ section 14 of the Guardianship Act 1968 ” and substitute the words “ section 46 of the Care of Children Act 2004 ” . Omit from section 36(4)(a)(vii) the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Department of Child, Youth and Family Services Act 1999 (1999 No 82) Omit from paragraphs (b)(ii) and (c)(ii) of the definition of designated party in section 3 the expression “ Guardianship Act 1968 ” and substitute in each case the expression “ Care of Children Act 2004 ” . Omit from paragraph (b) of the definition of specified right of appeal in section 3 the words “ section 31 or section 31B of the Guardianship Act 1968 ” and substitute the words “ section 143 or section 145 of the Care of Children Act 2004 ” . Omit from section 11(5)(b) the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Domestic Violence Act 1995 (1995 No 86) Omit from section 15 the words “ custody of, or access to, ” and substitute the words “ the role of providing day-to-day care for, or contact with, or custody of ” . Omit from section 19(2)(e)(ii) the words “ custody of, or access to, ” and substitute the words “ the role of providing day-to-day care for, or contact with, or custody of ” . Evidence Amendment Act 1994 (1994 No 31) Repeal paragraphs (b) and (c) of the definition of family proceeding in section 2 and substitute: “ (b) the role of providing day-to-day care for a child; or “ (c) contact with a child; or ” . Family Courts Act 1980 (1980 No 161) Omit from section 11(1)(c) the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Omit from section 16A(4)(i) the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Family Proceedings Act 1980 (1980 No 94) Omit from the definition of maintenance agreement in section 2 the words “ the custody of a child ” and substitute the words “ the role of providing day-to-day care for a child ” . Omit from section 8(1) and (2)(b) the expression “ Guardianship Act 1968 ” in both places where it occurs and substitute in each case the expression “ Care of Children Act 2004 ” . Omit from section 10(4) the words “ Guardianship Act 1968 with respect to the custody of ” and substitute the words “ Care of Children Act 2004 with respect to the role of providing day-to-day care for ” . Omit from section 13(1)(c) the words “ for the custody of, or access to, the child ” and substitute the words “ under section 48(1) of the Care of Children Act 2004 about the role of providing day-to-day care for the child, or about contact with the child ” . Repeal section 14(4) and substitute: “ (4) Where the role of providing day-to-day care for, or contact with, a child is in issue at the conference, any barrister or solicitor appointed to represent the child may be present. ” Omit from section 15(1)(b) the words “ the custody of ” and substitute the words “ the role of providing day-to-day care for ” . Omit from section 15(1)(b) the words “ any rights of access to ” and substitute the words “ contact with ” . Omit from section 19(1) the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Omit from section 19(1) the words “ relating to custody or access ” and substitute the words “ about the role of providing day-to-day care for a child, or about contact with a child ” . Omit from section 45(1)(a) the word “ custody ” and substitute the words “ day-to-day care ” . Omit from section 45(1A) the word “ custody ” and substitute the words “ day-to-day care ” . Omit from section 46(1) the word “ custody ” and substitute the words “ day-to-day care ” . Insert in section 47(1)(b) , after the words “ having custody of ” , the words “ , or who has the role of providing day-to-day care for, ” . Omit from section 79(c) the words “ custody of ” and substitute the words “ the role of providing day-to-day care for ” . Omit from section 79 the words “ custody may ” and substitute the words “ the role of providing day-to-day care of the child may ” . Omit from section 159(1) the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Omit from section 160(1) and (2) the expression “ Guardianship Act 1968 ” in both places where it occurs and substitute in each case the expression “ Care of Children Act 2004 ” . Fencing Act 1978 (1978 No 50) Repeal section 12(4)(a) and (b) and substitute: “ (a) a person who is the guardian of, or who has the role of providing day-to-day care for, or who has the custody of, the minor; or “ (b) the minor himself or herself if he or she— “ (i) is of or over the age of 18 years; or “ (ii) has the management and control of the land in respect of which the notice or cross notice is served or given. ” Habeas Corpus Act 2001 (2001 No 31) Omit from section 13(1) the expression “ 20 ” and substitute the expression “ 18 ” . Omit from section 13(1) and (3) the expression “ Guardianship Act 1968 ” in both places where it occurs and substitute in each case the expression “ Care of Children Act 2004 ” . Health Act 1956 (1956 No 65) Repeal section 126B . Income Tax Act 1994 (1994 No 164) Omit from section HH 3F(1) the words “ section 3 of the Guardianship Act 1968 ” and substitute the words “ section 15 of the Care of Children Act 2004 ” . Omit from section HH 3F(1)(b) the words “ section 10B of the Guardianship Act 1968 ” and substitute the words “ section 31 of the Care of Children Act 2004 ” . Income Tax Act 2004 (2004 No 35) Omit from section HH 3F(1) the words “ section 3 of the Guardianship Act 1968 ” and substitute the words “ section 15 of the Care of Children Act 2004 ” . Omit from section HH 3F(1)(b) the words “ section 10B of the Guardianship Act 1968 ” and substitute the words “ section 31 of the Care of Children Act 2004 ” . Judicature Act 1908 (1908 No 89) Omit from section 26J(3)(d) the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Legal Services Act 2000 (2000 No 42) Omit from paragraph (a) of the definition of civil proceedings in section 4(1) the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Marriage Act 1955 (1955 No 92) [Repealed] The item relating to the Marriage Act 1955 was repealed, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5). Mental Health (Compulsory Assessment and Treatment) Act 1992 (1992 No 46) Omit from section 87 the words “ section 25 of the Guardianship Act 1968 ” and substitute the words “ section 36 of the Care of Children Act 2004 ” . Minors' Contracts Act 1969 (1969 No 41) [Repealed] The item relating to the Minors' Contracts Act 1969 was repealed, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5). Protection of Personal and Property Rights Act 1988 (1988 No 4) Repeal section 6(2) and substitute: “ (2) Subject to section 12(3), no Court has jurisdiction under this Part in respect of a person who has not attained the age of 18 years and who— “ (a) is not, and never has been, married or in a civil union; or “ (b) is 16 years old or older and is not living, and never has lived, with another person as a de facto partner ” . The item relating to section 6(2) Protection of Personal and Property Rights Act 1988 was substituted, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5). The item relating to section 12(3) Protection of Personal and Property Rights Act 1988 was repealed, as from 1 July 2005, by section 3 Care of Children Amendment Act 2005 (2005 No 5). Sale of Liquor Act 1989 (1989 No 63) Omit from the definition of guardian in section 2 the expression “ Guardianship Act 1968 ” and substitute the expression “ Care of Children Act 2004 ” . Social Security Act 1964 (1964 No 136) Omit from section 27BA(3) the words “ pursuant to a custody order or orders made by a Court of competent jurisdiction ” and substitute the words “ under 1 or more orders made by a Court of competent jurisdiction, and about the role of providing day-to-day care for children ” . Victims' Rights Act 2002 (2002 No 39) Omit from paragraph (c)(ii) of the definition of support person in section 4 the words “ section 10B(1)(a) of the Guardianship Act 1968 ” and substitute “ section 31(1)(a) of the Care of Children Act 2004 ” . Omit from paragraph (c)(ii) of the definition of support person in section 4 the words “ section 10B(1)(b) or section 10D(1)(c)(ii) ” and substitute “ section 31(1)(b) or section 33(1)(c)(ii) ” .